Community Accountability Procedures

Any graduate/DPS student or employee who violates nonacademic University policies, including those policies prohibiting harassment, discrimination, sexual harassment, sexual assault, bias-related incidents and hate crimes is subject to appropriate accountability under the procedures delineated below (Note: the standard used to determine responsibility is based on the preponderance of the evidence; whether it is more likely than not that the respondent has violated University policy). The University reserves the right to impose differing sanctions depending on the severity of the offense, up to and including termination for an employee, and dismissal for a student. Although it is separate from the community accountability process, respondents may also face criminal charges.

The procedures include the following:

The respondent is notified by the appropriate University official (as designated by the Title IX Coordinator) that she/he is accused of violating a University policy.

University personnel (assigned by the Title IX Coordinator) conduct an investigation to collect facts regarding the alleged incident.

The respondent is informed that he/she may select one of two courses of action:

The individual(s) may admit the alleged violation and request that the University official investigating the situation take whatever action seems appropriate. In an investigation involving sex discrimination, sexual harassment or sexual assault, any complainant under Title IX is informed of and may appeal the outcome. In cases of harassment, discrimination, bias-related incidents or hate crimes, any complainant is also informed of and may appeal the outcome as per University policy for these types of incidents.

The individual(s) may deny the alleged violation, in which case a hearing is held before the University official designated by the Title IX Coordinator.

The Hearing Process

The following outlines the various aspects of the hearing. Complainants are encouraged to participate in the hearing. Any complainant under Title IX, as well as under other applicable University policies listed above, is informed of and may appeal the outcome of the hearing.

The parties are entitled to an expeditious hearing of the case.

The hearing is informal in nature and does not adhere to formal rules or procedures, or rules followed by courts of law.

The parties are entitled to the following in regard to the hearing:
a. Written notification of the time and place of the hearing.
b. Information regarding the procedures as outlined here.
c. A written or electronic statement that outlines the violations.

Parties, complainants and other witnesses are entitled to appear in person, to present his/her/their view of what took place. A party, complainant or witness may choose not to appear at the hearing. In these instances, the hearing may be conducted based on the written evidence provided by the designated investigator.

The student(s) may have an advisor or attorney present for support in the hearing. However, these individuals may n ot speak at, participate in, or impede the hearing.

Audio or video recordings at a hearing are not permitted.

Hearing Findings and Outcome

After hearing a case, the University hearing officer may decide as follows:

Not responsible for a violation: No violation of the relevant policy has been proved.

Responsible for a violation: A violation of the policy has been proved. In this case, the official may impose appropriate sanctions.

The outcome is presented in writing to the parties and to any Complainant as required by Title IX, or under other applicable University policies listed above. Notification of the decision is accomplished by requesting that each party and any Complainant appear separately at an appointed time with the University official. If a party or a Complainant does not appear at the appointed time, notification is made by campus mail and/or email.

Appeals Process

Students may appeal decisions that have been rendered in response to violations of University policies. Appeals must be made within three academic days of notification of the original decision and must specify the reason for which the appeal is made. In cases involving a complainant and respondent, the complainant may also appeal the decision. If an appeal is received from either the complainant or the respondent, university personnel will notify, in writing, the non-appealing student within two business days of receipt of the appeal that an appeal has been filed. Only one request for an appeal may be submitted by the complainant and/or the respondent. The appropriate University official (as designated by the Title IX Coordinator) hears appeals and renders a decision.

University Personnel Responsibilities:

Ensuring that the complainant and the respondent are aware of the seriousness of the complaint

Making referrals to the Health and Counseling Center for counseling and referral services, if appropriate

Discussing with the complainant the option of notifying the police if criminal activities are alleged

Conducting or arranging for an investigation of the alleged prohibited conduct

Preparing or overseeing any reports, recommendations, or remedial action(s) that are needed or warranted to resolve any prohibited conduct

Assuring that each complaint is assessed and resolved individually

General Rights of Complainants:

An explanation of available options for redress

Freedom from harassment or retaliation by the respondent (or supporters)

An explanation of the community accountability process

Notification of no contact with respondent

Use of any available internal and external support services

Ability to speak on their own behalf during the investigation, including making a "survivor impact" statement

The presence of an advisor from the University community and/or a support person during the hearing

The opportunity to present witnesses who can speak about the charges (character witnesses excluded)

Freedom from having irrelevant personal/sexual history discussed during the hearing

Information about the outcome of the hearing

Opportunity to appeal the outcome of the hearing

General Rights of Respondents:

An explanation of the charge(s)

Freedom from harassment or retaliation by the complainant (or supporters)

An explanation of the community accountability process

Notification of no contact with the complainant

Use of any available internal and external support services

The presence of an advisor from the University community and/or a support person during the hearing

The opportunity to present witnesses who can speak about the charges (character witnesses excluded)

Freedom from having irrelevant personal/sexual history discussed during the hearing

Information about the outcome of the hearing

Opportunity to appeal the outcome of the hearing

Retaliation

Retaliation is prohibited by federal law and institutional policy. It is defined as any adverse or negative action against a person participating in any reporting, investigation or proceeding that is perceived as: intimidating, threatening, coercing, hostile, harassing, retribution, or violence that occurred in connection to the making and follow-up of the report. This also includes actions against an individual who has (1) complained about alleged discrimination, harassment or retaliation, (2) participated as a party or witness in an investigation relating to such allegations, or (3) participated as a party or witness in a court proceeding or administrative investigation relating to such allegations. Federal civil rights laws, including Title IX, make it unlawful to retaliate against an individual for the purpose of interfering with any right or privilege secured by these laws. Intimidation means to make fearful or to put into fear. Generally, proof of actual fear is not required in order to establish intimidation. It may be inferred from conduct, words, or circumstances reasonably calculated to produce fear. Any person violating this policy may be subject to appropriate community accountability, up to and including termination if they are an employee, and suspension or dismissal if they are an undergraduate or graduate/DPS student.

False Reporting

Any graduate/DPS student found to be falsely reporting and/or falsely accusing an individual of sex discrimination, sexual harassment, sexual assault, harassment, discrimination, bias-related incidents, or hate crimes may face appropriate aspects of community accountability, up to and including suspension or dismissal from the University.